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8/7/2019 Gov. Rick Scott's response to Supreme Court re: High Speed Rail
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IN THE SUPREME COURT OF FLORIDA CASE NO. SCll-396
THAD ALTMAN andARTHENIA L. JOYNER,
.......Petitioners, ,,.'
v.
RICHARD SCOTT, as Governor, State of Florida, in his official capacity,
Respondent.
_______________________________1
RESPONSE TO EMERGENCY PETITION FOR WRIT OF QUO WARRANTO, OR IN THE ALTERNATIVE, FOR WRIT OF
MANDAMUS, OR OTHER EQUITABLE RELIEF
Petitioners-State Senators whose policy preferences have not prevailed in
the political process-ask this Court to step into, and take over, the planning,
implementation, and operation of a proposed high-speed rail line. The proposed
line can only be described as a colossal undertaking: a $2.4 billion, 30-year
construction and operations project that would require the ongoing involvement of,
and coordination by, the Legislature and numerous Executive agencies under the
control of the Governor. Governor Scott believes that he is responsible to the
taxpayers of Florida. Governor Scott has announced, repeatedly and in no
uncertain terms, his determination that the high-speed rail project is not wise policy
and that it will ultimately prove detrimental to the taxpayers of this State. This is a
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decision, by virtue of his election and his constitutional authority, that the
Governor is entitled to make.
Petitioners style their request as one for an order compelling the satisfaction
of "ministerial duties." They ask the Court to "order the Respondent to
expeditiously accept the [federal] funds and apply such funds appropliated by
Congress and the Florida Legislature for the Florida High Speed Rail Project."
Pet. at 23. But there would be nothing "ministerial" about an order requir ing the
application of $2.4 billion in federal funds to the construction and operation of a
high-speed rail project. This point becomes readily apparent upon consideration of
two critical facts that Petitioners mischaracterize in their papers.
First, of the $2.4 billion in federal funds at issue, the Legislature has no t
enacted an appropriation for $2.27 billion of those funds. Thus, to grant
Petitioners their requested relief-the application of all proposed federal funds to a
high-speed rail project-this Court would have to (i) order the Legislature to enact
specific appropriations for some $2.27 billion, (ii) order the Governor not to veto
such legislation, and (iii) order the Legislature, if the Governor does veto the
legislation, to override that veto. I t goes without saying that such an
unprecedented order would render the separation-of-powers doctrine utterly
meaningless.
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Second, Petitioners ignore that the federal government has declared it will
only transmit these funds to FlOlida i f the Governor expresses unequivocal and
unqualified suppOli for high-speed rail. This, the Governor has made clear, he will
not do. Accordingly, to grant Petitioners the relief they seek, this Court would also
have to either (i) order the Secretary of the United States Department o f
Transportation to change his policy, or (ii) order the Governor to publicly reverse
his policy position on the topic of high-speed rail. Again, such relief lies far
beyond anything this Court is empowered to do, and in any event, Petitioners have
named neither the Legislature nor the United States Secretary of Transportation as
parties to this action.
For these reasons, and others more fully developed below, Respondent
respectfully submits that the Petition should be dismissed.
STATEMENT OF FACTS
In the American Recovery and Reinvestment Act o f 2009 (ARRA), Pub. L.
111-5, 123 Stat. 115 (2009), Congress appropriated funds "[t]o invest in
transportation." ARRA 3 (a)(1 )-(5). ARRA required that i f a State desired a
grant o f funds, its governor, within 45 days, had to certify that "the State will
request and use funds provided." Former Governor Crist executed such a
celiification. See Pet. App. Exs. A & B.
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Th e FIOlida Legislature then created the Florida Rail Enterprise (FRE) to
"locate, plan, design, finance, construct, maintain, own, operate, administer, and
manage the high-speed rail system in the state." 341.822(1), Fla. Stat. Under the
law, the FRE "has full authority .. . to plan, construct, maintain, repair, and operate
a high-speed rail system." Id. 341.822(2)(a). The FRE "may also solicit
proposals and, with legislative approval as evidenced by approval of the project in
the department's work program, enter into agreements with private entities, or a
consortia thereof, for the building, operation, ownership, or financing of the high
speed rail system." Id. 341.822(3) (emphasis added). The executive director of
the FR E serves at the pleasure of the Secretary of Transportation, who in turn
serves at the pleasure of the Governor. 20.23(1)(a), (5)(f)(1), Fla. Stat.
The federal government has contemplated granting the State $2.4 billion to
construct a high-speed rail system. See Pet. App. Exs. E, F. Petitioners
characterize this "total award of $2.4 billion as part of the Legislature's Florida
Rail Ac t and its appropriation in the spring of 20 10." Pet. at 8. And they claim
that "[t]he ... appropriations of the state and federal monies were fully
accomplished prior to the election or inauguration" of Governor Scott. Id.
This is simply not true. In 2010, the Legislature appropriated $130.8 million
for high-speed rail, a small fraction of the current estimates for the project. See
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2010 General Appropriations Act, Ch. 10-152, 2094, at 275, Laws of Fla. The
Legislature has yet to appropriate the other $2.27 billion.
Upon taking office, GovelTIOr Scott began deliberating the wisdom of
moving forward with high-speed rail. After careful study, he concluded that such
funds would be better invested "in higher yield projects" such as dredging
improvements in the ports of Jacksonville and Miami; widening the 1-95 Interstate
in Martin, St. Lucie, Brevard, and Volusia Counties; widening 1-4 in Orange
County; improving 1-395 in Miami-Dade County; and widening I-275 in
Hillsborough County. See Pet. App. Ex. H at 1. These projects promise far greater
job creation and stronger, more permanent economic yield for the State and the
taxpayers. ld.
The Governor concluded that the high-speed rail project, on the other hand,
will not be economically feasible, will not provide any meaningful job creation
beyond the construction phase, and will not result in sustainable economic growth
opportunities. ld. at 2. Accordingly, Governor Scott informed Secretary LaHood
of the United States Department of Transportation (USDOT) that he would not
support any measures designed to continue Florida's involvement in this high
speed rail project. Id. Thus, as things stand, the Governor will veto any future
appropriations for high-speed rail, and has and will direct agencies within his
purview to plan accordingly.
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Fo r its part, the USDOT has indicated, in both ongoing discussions and
formal documents, that the Governor's unequivocal, unqualified support for high
speed rail is a necessary condition of the USDOT's continued guarantee of grants
for the rail line. See Supp. App. at Ex. A (Memorandum from USDOT to
Governor Scott, transmitted Feb. 25, 2011). Moreover, to guarantee the funds,
USDOT will require agencies under the Governor's purview (1) to oversee
"implementation planning, design, location, bid award, construction, maintenance
and operation;" (2) "to provide technical assistance and support" to the rail line;
and (3) "t o process fully and expedite any and all necessary reviews and
approvals." Id. Again, Governor Scott's considered policy judgment is that it is
unwise to make these guarantees. He will not do so.
Although Petitioners knew of Governor Scott 's decision by February 16,
2011, they waited two weeks to file their "emergency" petition, serving it on the
GovelTIOr after 2:00 p.m. on March 1 and requesting a decision on the merits by
March 4. The Court has ordered the Governor to respond by noon on March 2, and
to "address , at a minimum the following: 1) The Jurisdiction of this Court to hear
the matter, 2) The standing of the petitioners to bring this petition, 3) The merits of
the petition, and 4) The March 4, 2011, deadline for any decision."
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ARGUMENT
I. JURISDICITION AND STANDING
A. This Comi Only Has Original Jurisdiction to Hear Petitions for a WritQuo Warranto or Mandamus.
To the extent Petitioners seek a writ of mandamus or quo warranto, this
Court may exercise original jurisdiction to hear the claim. See Art. V, 3(b )(8),
Fla. Const.; 9.030(a)(3), Fla. R. App. P. But Petitioners have cited to no provision
of Florida l aw-and we are aware of none- tha t would authorize this Court to
exercise original jurisdiction to grant "other equitable relief," Pet. at 1, or a
"preliminary injunction," Pet. at 23. The Court has no jurisdiction over these latter
claims and should dismiss them.
B. Petitioners Do Not Have Standing to Pursue a Writ of Mandamus.
While Petitioners are Senators, they do not bring this action on behalf of the
Legislature. Instead, their claim appears to be that they possess a right to have
Governor Scott abide by what they purport is his duty under Florida Statutes. In
other words, Petitioners allege that they have a generalized grievance that is shared
equally by all Florida citizens. See Pet. at 2 ("Petitioners ... are Florida citizens,
Florida taxpayers, and Senators ... "). For a taxpayer to have standing in a
mandamus action, he or she must demonstrate an injury distinct from other
taxpayers. See School Bd. oiVolusia County v. Clayton, 691 So. 2d 1066 (Fla.
1997); North Broward Hasp. Dist. v. Fornes, 476 So. 2d 154 (Fla. 1985).
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Petitioners have not done so here and, accordingly, do not have standing to pursue
this mandamus action.
II. THE MERITS OF THE PETITION.
A. The Court Cannot Grant the Relief Petitioners Request.
Quo warranto is a "method to test ... the exercise of some right or privilege,
the peculiar powers of which are derived from the State." Martinez v. Martinez,
545 So. 2d 1338, 1339 (Fla. 1989). "Mandamus is an extraordinary writ that can
be used to compel public officials to perform nondiscretionary, ministerial duties
to which the petitioner has a clear legal right." Moorman v. Hatfield, 958 So. 2d
396, 398 (Fla. 2d DCA 2007). "Mandamus is an extremely limited basis for
jurisdiction which traditionally has been ... employed sparingly." Brown v.
Firestone, 382 So. 2d 654, 671 (Fla. 1980). See also Slaughter v. State ex reI.
Harrell, 245 So. 2d 126, 128 (Fla. 1 st DCA 1971) ("Mandamus is a harsh and
extraordinary remedy. ").
The availability of either writ depends on the relief requested-i.e., the
exercise of the right that petitioner is testing or the duty that petitioner is requesting
Respondent perfonTI. Here, Petitioners ask this Court to "order the Respondent to
expeditiously accept the [federal] funds and apply such funds .. . for the Florida
High Speed Rail Project." Pet. at 23.
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As explained above, Petitioners' entire claim is based on
mischaracterizations and omissions of fact. Petitioners repeatedly suggest that the
Legislature has already appropriated $2.4 billion for a high-speed rail project. Pet.
at 8, 10, 11,23. The Legislature simply has not enacted such an appropriation.
Petitioners also ignore the USDOT's requirement that Governor Scott express
unqualified for support for high-speed rail.
Accordingly, to grant Petitioners the relief they seek, this Court would have
to craft an expansive order that would command wide-ranging action by the
Legislature, the Governor, and a federal agency. To ensure that the Respondent
could "expeditiously accept the [federal] funds and apply such funds" to high
speed rail, this Court would have to: (i) order the Legislature to appropriate $2.27
billion to high-speed rail; (ii) order Governor Scott not to veto such an
appropriation; (iii) order the Legislature to override any such veto i f i t occurred;
and (iv) either order Secretary LaHood to grant federal funds regardless of
Governor Scott's pronouncements, or order Governor Scott not to make any public
pronouncements regarding his policy detern1ination on the high-speed rail issue.
Such sweeping relief would violate nearly every separation-of-powers
principle known in American jurisprudence. See Art. II, 3, Fla. Const. Such an
order would have this Court exercising the Legislature's prerogative to set
appropriations, see Chiles v. Children A, B, C, D, E, & F, 589 So. 2d 260, 265 (Fla.
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1991),1 the Governor's veto prerogative, Alt. 3, 8, Fla. Const., the Legislature's
override prerogative, id. Art. 3, 8, and the federal govelTIment's prerogative to
appropriate federal funds, U.S. Const. Art. I, 8, cl. 1. See also Fields v. Kirton,
961 So. 2d 1127 (Fla. 4th DC A 2007) ("It is not the function of the courts to usurp
the constitutional role of the legislature and judicially legislate that which
necessarily must originate, if it is to be law, with the legislature."); Office o f State
Attorney fo r Eleventh Judicial Circuit v. Polites, 904 So. 2d 527, 532 (Fla. 3d DCA
2005) Uudiciary may not direct an executive agency to spend its funds in a certain
way).
Moreover, even if the Court could order all of these actions, the necessary
parties are not before the Court: Petitioners have named neither Secretary LaHood
nor the Florida Legislature in this action. These are indispensible parties. "[T]he
writ [of mandamus] will never be granted in cases when, if issued, it would prove
unavailing, or when compliance with it would be nugatory in its effects, or would
1 Paradoxically, Peti tioners attempt to rely on Chiles v. Children to advancetheir position. That case involved a former statute, 216.221, Florida Statutes,which gave the executive branch "broad discretionary authority to reapportion thestate budget," and which the Court struck down as an unwarranted delegation of
legislative power to the executive branch. Id. at 263. That holding has no relationto the present case, where Petitioners demand that this Court order Governor Scottto "accept" an enormous amount of federal funding designated for an ill-advisedrail project, even though the Legislature has actually appropliated only a small partof those potential federal funds. This Court itself stated in Chiles that "[ w]e do nottoday state that the Governor and Cabinet have no role to play in the budgetaryprocess." Id. at 267.
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be without beneficial results and fluitless to the relator." State ex reI. Os troffv.
Pearson, 61 So. 2d 325, 326 (Fla. 1952). Accordingly, issuance of the writ against
Governor Scott would be futile and inappropriate.
With respect to the writ of mandamus, it is also impOltant to bear in mind
that relief is only available to compel an official to can)' out "nondiscretionary,
ministerial duties." Moorman, 958 So. 2d at 398. An order compelling the
Governor to "accept .. . and apply" the federal funds could hardly be characterized
as dealing only with such nondiscretionary, ministerial duties. Solomon v.
Sanitarians' Registration Bd., 155 So. 2d 353, 356 (Fla. 1963) ("A ministerial duty
is one which is positively imposed by law to be performed at a time and in a
manner or upon conditions which are specifically designated by the law itself
absent any authorization of discretion .... "). Instead, the application of $2.4 billion
to "plan, develop, own, purchase, lease, or otherwise acquire, demolish, construct,
improve, relocate, equip, repair, maintain, operate, and manage the high-speed rail
system," 341.822(2)(b), Fla. Stat., will call for thousands of complex,
discretionary executive branch decisions. Likewise, to satisfy US DOT, the
Governor must guarantee that FDOT will "have oversight responsibility .. .
governing the implementation planning, design, location, bid award, construction,
maintenance and operation" of the high-speed rail project. Supp. App., Ex. 1. It is
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hard to fathom how this Court could fashion an order sufficient to grapple with
these tasks. This is not the stuff of mandamus.
Plaintiffs rely heavily on Edl'vards v. State o f South Carolina, 678 S.E.2d
412 (S.C. 2009). In Ed1,vards, the Governor of South Carolina, Mark Sanford,
initially "certified" South Carolina's receipt of "stimulus" funds under 1607(a) of
the ARRA. "The South Carolina General Assembly acted on Governor Sanford's
1607(a) certification" and "appropriated the ARRA funds." Id. at 415 (emphasis
added). Governor Sanford then apparently indicated that he might not accept a
portion of the "stimulus" funds (the so-called State Fiscal Stabilization funds),
which caused the South Carolina legislature to adopt a concurrent resolution
"accepting" the funds under color of ARRA 1607(b) ("If funds provided to any
State in any division of this Act are not accepted for use by the Governor, then
acceptance by the State legislature, by means of the adoption of a concurrent
resolution, shall be sufficient to provide funding to such State.,,).2 Governor
Sanford, for reasons not fully clear from the record, raised as his sole defense to an
action to compel him to "accept" the stimulus funds the provisions of ARRA
14005, which allow a Governor to "submit" an "application" for stimulus funds,
2 Although the constitutionality of ARRA 1607(b) is not before the COUli,Governor Scott respectfully reserves the right to asseli that this provision, ifapplied in this case, would constitute an unconstitutional infringement on thepowers of the executive, as well as an infringement on the sovereignty of the Stateof Florida.
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and which Governor Sanford argued gave him sole discretion whether to apply for
the funds at issue.
In this case, the issue is not how the Governor may treat a completed and
duly enacted appropriation of ARRA funds by the state Legislature. Governor
Scott does not rely in any way on ARRA to justify his actions in protecting the
taxpayers of Florida from the expensive and protracted effects of the proposed
high-speed rail project. To the contrary, he asserts that he has acted consistent
with his powers and duties as the chief executive of the State-namely, by
indicating that he will veto any future appropriation of ARRA funds for high-speed
rail and directing agencies within his purview to plan accordingly. Moreover, the
leader of at least one house of the Legislature strongly supports the Governor's
view of this project. Supp. App. Ex. 2. Accordingly, the Edwards case has no
relevance here.
As for the $130.8 million that the Legislature has already appropriated, it is
not correct to say that the Governor has improperly failed to implement the
appropriation and the statute creating the Florida Rail Enterprise. The FRE statute
contemplates an ongoing rail project, with the FRE having discretion to "plan,
develop, own, purchase, lease, ... and manage" a high-speed rail system.
341.822(2)(b), Fla. Stat. To the extent monies from the 2010 appropriation of
$130 million remain unspent-and Petitioners have made no showing in this
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regard-the FRE is acting within its sound discretion to refrain from squandering
that money on a project that is virtually certain not to receive future funding
adequate for its completion. 3 Indeed, the FRE statute contemplates that, as the
FRE plans and administers monies allocated to it, the Enterprise may have
"unexpended funds appropriated or provided" and that such funds would be carried
forward. 341.303(6)(b), Fla. Stat. I f Petitioners are correct-ifFRE must spend
the entirety of the $130.8 million regardless of the facts on the ground-then
Petitioners are essentially asking this COUli to order the Govemor to direct the FR E
to build a few miles of railroad for no apparent purpose. The Court will have
created the high-speed railroad to nowhere.
Furthermore, the Legislature has defined "appropriation" as "the
authorization to make expenditures for specific purposes within the amounts
authorized by law." 216.011(1)(b), Fla. Stat. (emphasis added). The Legislature
has similarly defined "appropriations act," in relevant pati, as "the authorization of
the Legislature . . . for the expenditure of amounts of money by an agency . . . for
stated purposes in the performance of the functions it is authorized by law to
perfonn." 216.011(1)(c), Fla. Stat. (emphasis added). These provisions
3 To the extent the FRE acts at the Govemor's direction, this is entirelyappropriate. The executive director of FRE serves at the pleasure of the SecretaryofFDOT, who in tu m serves at the pleasure of the Governor. 20.23(1)(a),(5)(f)(1), Fla. Stat. The Govemor has the authority to control these subordinateofficials. See Jones v. Chiles, 638 So. 2d 48, 50 (Fla. 1994).
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unambiguously demonstrate that the Governor and the FRE are committed at most
to be authorized to spend the $130.8 million dollars appropriated in the 2010-2011
General Appropriations Act. Fortunately for the taxpayers of Florida, nothing in
Florida law compels the Governor or the FRE to pour millions of dollars into a
black hole during the historic fiscal crisis with which the State is presently
grappling. 4
B. The High Speed Rail Act Does No t Create a New, Self-funding,Autonomous Branch of Government.
Petitioners also argue that this Court should grant relief on the grounds that
the Governor has no authority to refuse to comply with what Petitioners claim are
the "express directives of the High Speed Rail Act." Pet. at 17-24. According to
Petitioners, the enactment of the Florida Rail Enterprise Act created a
governmental unit, the Florida Rail Enterprise, which is beyond the effective
control not only of the Governor, but of the Legislature itself, even though it is an
executive branch agency and would be almost completely dependent on taxpayer
revenue i f it were to build and operate a high-speed rail system. Petitioners'
argument proves far too much, and should be rejected by this Court.
4 Further, mandamus could not possibly lie to compel the expenditure of thecurrent-year appropriation because any duty to spend that money, even assumingarguendo there is one, would not be ministerial. This Court has described aministerial duty as one which must be "perfOlmed at a time and in a manner orupon conditions which are specifically designated" by the controlling law.Solomon, 155 So. 2d at 356. The appropriation in the 2010-2011 generalappropriations act satisfies neither prong of this requirement.
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Petitioners set forth the statutory powers of the FRE, citing the provisions of
Chapter 341 which authorize the creation and funding of that entity, and then leap
to the wholly unwananted conclusions that (a) the FRE is beyond the effective
control of the executive branch, including even the Governor, Pet. at 20, and (b)
that the FRE has "no discretion" except to "finance and construct the high speed
rail system for the state," regardless of whether the Legislature decides to fund it.
Pet. at 21. These assertions defy common sense and are not grounded in law. See
Jones v. Chiles, 638 So. 2d 48,50 (Fla. 1994).
Petitioners assert that Section 341.839, Florida Statutes, precludes any
"outside interference" with the FRE, including "interference from other executive
branch officials." Pet. at 19-20. This, in the view of Petitioners, includes the
Governor, who is allegedly "not permitted to interfere with the implementation of
high speed rail." Id. at 20. However , Petitioners also admit, as they must, that the
executive director of the FRE "serves at the pleasure of the Secretary [o f
Transportation]," id., who of course serves at the pleasure of the Governor.
20.23(1 )(a), (5)(f)(1), Fla. Stat.
Petitioners make the unsupported argument that the Governor is an "official"
within the meaning of Section 341.839, ignoring the obvious fact that he is the
chief executive of the State, as well as its chief administrative officer "responsible
for the planning and budgeting of the state." Ali. 4, 1, Fla. Const. In any event,
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Section 341.839 places limits only on the supervision or control of the "powers" of
the FRE, not on the operation or funding of the FRE, or the conduct of its
employees, including its executive director.
Petitioners also imply, absurdly, that the FRE is self-financing, a sort of
fiscal juggelTIaut that has the inherent ability to finance a high-speed rail system
and which cannot be "interfered" with by the Governor or, apparently, by the
Legislature itself, leaving the Enterprise with "no discretion" except to finance and
construct the high-speed rail system. Pet. at 21. Yet this dispute would not be
before the Court were it not for the fact that, far from being capable of financing
itself, the FRE would require billions of federal dollars in order to build and
operate a high-speed rail system.
Contrary to Petitioners' claims, the FRE is clearly not beyond the control of
the GovelTIOr and the Legislature, despite the powers granted to it through the
Florida Rail Enterprise Act, and despite the appropriation by a past Legislature of a
small portion of the funds that would actually be required to build and operate the
high-speed rail system.
Petitioners repeatedly conflate the "financing" of the high speed rail
project-a statement by the federal government that it is willing to spend federal
dollars on the project-with the process of appropriation by the Legislature. As
previously stated, the Legislature has appropliated, at most, funds of some $130
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million out of a multi-billion dollar budget for the construction of the high-speed
rail line between Tampa and Orlando (a budget that may well go higher, given
recent experience with large federally-funded construction projects).
The process of appropriating funds for high-speed rail, like the construction
of the project itself, will take many more years. As Petitioners themselves note,
"[t]he construction of large transportation projects may span the administration of
many govelTIOrs." Pet. at 22. The current Legislature and future Legislatures may
well see fit to appropriate no further funds to the Tampa-to-Orlando project,
especially in light of the Governor's lack of support for the project, whether or not
the federal government remains willing to provide additional funds. In fact, the
President of the Senate has stated that, like the Governor, he also believes that the
project is a waste of taxpayer money and not worthy of additional funding. Supp.
App. Ex. 2. As the United States Supreme Court has explained, "[s]tates and
localities depend upon successor officials, both appointed and elected, to bring new
insights and solutions to problems of allocating revenues and resources." Horne v.
Flores, 129 S. Ct. 2579, 2594 (2009) (quotations marks omitted).
It is axiomatic that a past Legislature cannot bind future Legislatures. See,
e.g., Neu v. Aliami Herald Publ'g Co., 462 So. 2d 821, 823-24 (Fla. 1985) ("A
legislature may not bind the hands of future legislatures by prohibiting
amendments to statutory law."). There is no guarantee whatever that the current
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Legislature, or any future Legislature, will see fit to provide further funding for the
Tampa-to-Orlando high-speed rail project, no matter how many dollars the federal
government is willing to dedicate to the project. Petitioners' argument that the
ship has sailed, and that nothing can now stop high-speed rail from being built in
Florida, is wholly without merit and should be rejected by this Court.
C. Intervention by the Court Would Result In Confusion and Disorder.
The question of whether to move forward with the high-speed rail project is
a complex policy judgment that implicates the expertise, discretion, and authorityof popularly elected officials. It would be unwise, and unworkable, for this Court
to become embroiled in that ongoing policy debate. The extraordinary writs at
issue are discretionary,a ~ d
this Court has traditionally been reluctant to grant
them. See, e.g., BrOH!71 , 382 So. 2d at 671 ("Mandamus is an extremely limited
basis for jurisdiction which traditionally has been, and will continue to be,
employed sparingly."). Quo warranto should not be issued where "the granting of
relief ... will result in confusion and disorder." State ex reI. Pooser v. Wester, 170
So. 736 (Fla. 1936). And mandamus should not lie where an order "would result
in disorder, confusion, or disturbance." State ex reI. Haft v. Adams, 238 So. 2d
843, 844 (Fla. 1970). Here, the Court 's intervention would further complicate and
confuse a complex policy decision that the political branches are much better
equipped to handle.
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III. The March 4,2011 Deadline
As noted above, Secretary LaHood has indicated that Governor Scott has
until March 4, 2011, to indicate his final decision regarding high-speed rail. The
USDOT has once previously set a similar deadline: last week it indicated that
Friday, February 25 was the deadline. We are aware of no requirement in law that
sets a deadline and, of course, cannot speak for the USDOT or Secretary LaHood
with respect to this i s sue -bu t we do not contest that March 4 should be
considered the relevant deadline for purposesof
this matter.
CONCLUSION
For the foregoing reasons, Respondent respectfully submits the petition
should be denied.
Respectfully submitted,
~ 1 1 . : ? ' Charles M. Trippe~ General Counsel (FBN 069760)
Erik FiglioSpecial Counsel (FBN 0745251)
Jesse PanuccioDeputy General Counsel (FBN 31401)
J. Andrew AtkinsonAssistant General Counsel (FBN 14135)
Carly A. HermansonAssistant General Counsel (FBN 16088)
Executive Office of Governor Rick ScottThe Capitol
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Tallahassee, FL 32399-0001 (850) 488-3494 (850) 488-9810 (fax)
Attorneys for Respondent
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CERTIFICATE OF SERVICE
I certify that the foregoing has been furnished electronically and by U.S.
mail delivery this 2nd day of March, 2011 :
Clifton A. McClelland, Jr.McClelland, Jones, Lyons
Lacey & Williams, LLC1901 S. Harbor City Blvd.Suite 500Melbourne, FL 32901
CERTIFICATE OF COMPLIANCE
I certify that this response complies with the font requirements of rule
9.1 00(1) of the Florida Rules of Appellate Proce U - I - F t - ' : _
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Florida High Speed Rail Project
The structure proposed by the Cities of Lakeland, Miami, Orlando and Tampa (the "Cities") effectively addresses the concerns expressed by the Goven/or regarding the legal and financial responsibility of the State of Florida for construction and operation of the Tampa-Orlando high speed rail project. The new entity created by those municipalities (the "lnterlocal Entity") will bear full financial liability for cost overruns, without recourse to the State of Florida.
To be completed effectively, the project will need clear, unqualified support from the State of Florida. The State's complete dedication of technical and legal resources will be necessary to complete the prbject. Under the proposal advanced by the Cities, the State would be fully reimbursed for the direct costs of its support, consistent with federal grant law.
Although Florida will not bear financial liability for cost overruns, to create a successful high speed rail program in Florida, the State will need to perfonn the tasks originally proposed in its grant agreement with USDOT and such other tasks necessary to complete the project, including:
Florida will have oversight responsibility in the same manner as a typical FDOT project,governing the implementation planning, design, location, bid award, construction, maintenance
and operation of the Project and attendant Project Documents. Florida will provide direction asnecessary to the Interlocal Entity during the procurement process.
Florida will have to provide technical assistance and support and will assign to the InterlocalEntity all items and rights as necessary for carrying out the completion of the Project includingbut not limited to: design documents, research, contracts, pennits obtained and applicationssubmitted.
Florida will have to process fully and expedite any and all necessary reviews and approvals,including but not limited to, any plans, documents, agreements, pennits, and any other actionsrequ ired or convenient for use of rights-of-way, access to rights-of-way, maintenance of traffic,and relocation of utilities.
Florida will have to assign to the lnterlocal Entity, all rights-of-way access and all rights andproperty necessary to construct in the rights-of-way as may be needed in order to fully completeand operate the Project in the manner contemplated.
As necessary under Florida law, Florida will have to delegate responsibility for high-speed railimplementation to the Interlocal Entity.
The Department \"'ill make the full amount of the grant funds awarded to the State available for all stagesof the project. In the event that the initial vendor selected by the Interlocal Entity is unable to completethe project, the USDOT will dedicate the remaining funds to complete the project with a new vendorselected by the Interlocal Entity. The grant agreement will also provide that, in the event that the projectcannot be completed, the costs of repairing and remediating any incomplete construction will be eligiblefor reimbursement through any unexpended portion of the $2.4 billion awarded to Florida by USDOT,consistent with federal grant law.
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FOR IMMEDIATE RELEASE I February 18,2011
SENATE PRESIDENT HARIDOPOLOS REJECTS FEDERAL FUNDS FO R HIGH-SPEED RAIL
TALLAHASSEE - Senate President Mike Hmidopolos released the following statementtoday on the status of high-speed rail funding in Florida:
"The federal govemment has eamlarked $2.4 billion to finance part of the cost ofconstruction of the proposed Florida high-speed rail project. But to do so, Washingtonwould bOlTOW 100% of that money, which would be financed in large pm1 by foreign,non-democratic govemments."
"There is no more imp0l1ant issue today for the long-tenn well being of our nation thanto reign in deficit spending. Washington's reckless spending addiction has set ou r nationon a critically dangerous path. Fo r the good of the nation, it's time to change course."
"From the beginning, I have made it clear that FlOlida will cut $3.62 billion in spendingthis year and balance its state budget without raising taxes. We will not finance ourfuture. VIe have also said that under no circumstances would we use state dollars, neededto support priorities like education, to pa y for high-speed rail. For Floridians, that wouldbe unforgivable."
"Florida is leading by example in keeping its fiscal house in order. We must demand thesame from Washington. To President Obama and all members of Congress, I say we are
far better of f reducing the $1.5 trillion in proposed deficit spending by this $2.4 billionthan we are to build a rail project that has a questionable, at-best, economic viability."
David Bishop
Director ofCommlinicalions & External Affairs
The Florida Senate
Omce - 850.487.5229
Cell - 850.228.3304
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FOR IMMEDIATE RELEASE I February 25, 2011
CONTACT I David Bishop I 850-487-5229 I [email protected]
STATEMENT BY SENATE PRESIDENT MIKE HARIDOPOLOS ON FEDERAL
GOVERNMENT HIGH SPEED RAil FUNDING EXTENSION
TALLAHASSEE - Senate President Mike Haridopolos made the following statement after U.S.
Transportation Secretary Ray LaHood extended the high speed rail funding decision anotherweek:
"Adding another week to the deadline fo r Florida to take $2.4 billion to build high speed railwon't change my mind. No means no. Why is Washington working so hard to
~ p e n d money it
doesn't have? Instead of letting that money burn a hole in his pocket, Secretary LaHood shouldsend it back to th e federal treasury. As our state and country continue to recover from a seriouseconomic downturn, those who were elected to represent its citizens should make a seriouscommitment to reduce spending and have the ability to decide between ou r wants and ourneeds,"
"Again, I say no thank you to the federal government's offer."
http://www . flse n ate.gov/Med ia/P ressRe lease/Sh ow /Senators/20 10
2012/0 istri ct26/P ress Re Iease/Press Release20110225164 244 923
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mailto:[email protected]://www/mailto:[email protected]://www/8/7/2019 Gov. Rick Scott's response to Supreme Court re: High Speed Rail
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FOR IMMEDIATE RELEASEMarch 1,2010
CONTACT:David Bishop850-228-3304
1, ishop. da \lid (u) nsella It . go V
Statement by Senate President Mike Haridopolos on lawsuit challenging decision not tofund high speed rail project
"While Senators Altman and Joyner are free to file their petition with the FloridaSupreme COUli, I do not supp01i their efforts. The Flor ida Senate will not join in theirlawsuit. For reasons I've previously explained, funding of the high rail project is notsomething we as a state and a country can afford. It is my intention to ensure that there isno money in the upcoming 2011-12 state budget to fund high speed rail. Florida is facinga $3.6 billion shortfall and that money can be put to better use. During these tougheconomic times, state government should focus on its needs not its wants."
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Statenlent fronl Florida House Speaker Dean Cannon (R- WinterPark) regarding Governor Scott's decision to reject federal fundingfor the Tampa to Orlando high-speed rail project:
"I have not spoken to the Govemor regarding today ' s announcement, but I watched theGovemor's press conference. I'm encouraged that he is focusing on the practical realities ofgovemment programs, and their long-tem1 impacts. As the Constitutional officer charged withcanying ou t transportation policy, the Govemor seems to have detelmined that at this time hecannot feas ibly implement high-speed rail in Florida. I have confidence that he will bring thesame level of scrutiny to other issues."
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